HomeMy WebLinkAbout2004-018 - Approving the Sale of City-Owned Property Located at 435-437 S. Birch Street
3/9/04LS
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RESOLUTION NO. 2004-018
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE SALE OF CITY-OWNED
PROPERTY LOCATED AT 435-437 S. BIRCH STREET TO
THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF SANTA ANA AND AUTHORIZING THE CITY
MANAGER TO EXECUTE DOCUMENTS AS NECESSARY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby, finds, determines
and declares as follows:
A. The City of Santa Ana ("City") currently owns the property located at 435-437
S. Birch Street (the "Property") which was purchased using federal HOME
funds by council action on October 7, 1997. The City had acquired the
Property in order to remove a substandard apartment building and to pursue
quality in-fill housing development for the Heninger Park neighborhood.
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B. Santa Ana Municipal Code section 2-709 permits the sale of city real property
made to any city, county, city and county, state or federal government, or any
political subdivision of any of them, or to any nonprofit public benefit
corporation formed or controlled by the city without a public hearing.
C. After extensive review, staff has determined that the affordable
homeownership subsidies offered by the Community Redevelopment Agency
of the City of Santa Ana ("Agency") are most appropriate to support the City's
objectives in Heninger Park. For this reason, staff supports the City of Santa
Ana's sale of 435-437 S. Birch Street to the Agency for $411,000, which
represents the original acquisition cost.
D. Subject to Council and Agency approval, the City has agreed to sell the
Property to the Agency pursuant to the terms and provisions of that certain
Purchase and Sale Agreement (hereinafter referred to as the "Agreement")
between the City and the Agency, which is on file in the office of the Executive
Director of the Agency.
E. The Agreement contains all of the provisions, terms, conditions and obligations
required by the state and local laws.
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Resolution No. 2004-018
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F. The Agency possesses the qualifications and financial resources necessary to
acquire and insure development of the Property, in accordance with the purpose
and objectives of the redevelopment law.
G. The City has duly considered all of the terms and conditions of the proposed
sale, and believes that the proposed sale is in the best interests of the City
and the health, safety, morals and welfare of its residents, and in accord with
the public purpose and provisions of applicable state and local laws and
requirements.
H. The proposed sale of the Property is exempt from further review and in
accordance with the California Environmental Quality Act, categorical exemption
ER No. 2004-81 will be filed for this project.
I. The City hereby finds and determines that the information set forth herein is
true and correct.
J. The City hereby approves the sale of the Property to the Agency.
Section 2. The City Manager or his/her designee ("City Manager") is hereby
authorized, on behalf of the City, to execute such documents that are to be signed by
the City in connection with the sale of the Property, with such non-substantive changes
as may be approved by the City Attorney. A copy of any such documents, when
executed, shall be placed on file in the office of the Clerk of the Council.
Section 3. The City Manager is hereby authorized, on behalf of the City, to sign
all documents necessary and appropriate to carry out and implement the sale and to
administer the City's obligations, responsibilities and duties to be performed.
Section 4. The Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 15th day of March, 2004.
Resolution No. 2004-018
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APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:U~I,~
Lisa E. Storck
Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Alvarez. Bist. Christy. Franklin. Garcia. Pulido.
Solorio (7)
None (0)
None (0)
None (0)
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2004-018 to be the original resolution adopted by the City Council of the
City of Santa Ana on March 15. 2004.
Date:
( ~/¡ ~/ 6"1
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Clerk of Council
City of Santa Ana
Resolution No. 2004-018
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